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About: Devlin v. Smith     Permalink

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Devlin v. Smith, 89 N.Y. 470 (1882) was a seminal case decided by the New York Court of Appeals in the area of product liability law. The Court held that a duty to third parties "exists when a defect is such as to render the article in itself imminently dangerous, and serious injury to any person using it is a natural and probable consequence of its use." The Court further held that scaffolding to be used in the painting of a courthouse was an inherently dangerous article.

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